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Reasons
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(영문) 인천지방법원 2016.01.14 2015고단5020
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 01:10 on March 23, 2015, the Defendant committed an indecent act by force against the victim, such as the victim F (M, 24 years old), who is an employee of the said main shop, the victim F (M, 24 years old), the victim F (M, c. c. c., the victim, the victim, the victim, the victim, the victim, the victim, and the victim's shoulder with his hand.

Summary of Evidence

1. The respective legal statements of F and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to F and G;

1. On-site investigation report (on-site ctV investigation, etc.);

1. On-site map and on-site photograph;

1. On-site CCTV CDs (the Defendant denied the crime, but according to the aforementioned evidence, the victim F and witness G consistently stated the circumstances during which the crime was committed from the police investigation stage to the police investigation stage, and subsequently made a false statement.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty because the court's statement and the police's statement are sufficiently reliable.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act was not recovered under the unfavorable circumstances, the degree of prosecution is not significant, and the defendant has no record of criminal punishment exceeding the same criminal record or fine, etc. shall be considered under favorable circumstances, and the punishment shall be determined like the order, taking into account other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments of this case.

On the facts of the crime that is a sex offense subject to registration and submission of personal information.

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